SENATE COMMITTEE ON JUDICIARY

May 12, 2003 Hearing Room 343

8:00 a.m. Tape 126-127

MEMBERS PRESENT: Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

STAFF PRESENT: Craig Prins, Counsel

Bill Taylor, Counsel

Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: SB 880 Work Session

HB 2449 Public Hearing and Work Session

HB 2063A Public Hearing and Work Session

HB 2101 Work Session

HB 2594 Public Hearing

HB 2284 Public Hearing

HB 2279A Public Hearing

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.

TAPE/#	Speaker	Comments
TAPE 126, A
003	Chair Minnis	Calls the meeting to order at 8:15 a.m. and opens a work session on SB 880.
SB 880 WORK SESSION
005	Craig Prins	Committee Counsel. Introduces SB 880 that establishes amount of supersedeas undertaking required for stay of certain judgments if judgment is against tobacco product manufacturer that is making payments to state under Master Settlement Agreement or related legislation, and the -2 amendments (EXHIBIT A).
033	Vice Chair Burdick	Asks if ORS 293.535 is the master settlement statute.
039	Prins	Says, yes. Discusses the -3 amendments (EXHIBIT B).
064	Vice Chair Burdick	MOTION: Moves to ADOPT SB 880 -2 amendments dated 4/9/03.

		VOTE: 4-1-1 AYE: 4 - Burdick, Ferrioli, Starr C., Minnis NAY: 1 - Ringo EXCUSED: 1 - Walker
066	Chair Minnis	The motion CARRIES.
067	Vice Chair Burdick	MOTION: Moves to ADOPT SB 880-3 amendments dated 4/9/03.
		VOTE: 5-0-1 EXCUSED: 1 - Walker
069	Chair Minnis	Hearing no objection, declares the motion CARRIED.
071	Vice Chair Burdick	MOTION: Moves SB 880 to the floor with a DO PASS AS AMENDED recommendation.
077	Vice Chair Burdick	Discusses the purpose of SB 880 and why she strongly supports it. Explains her support is not for the benefit of the tobacco industry.
098	Sen. Ringo	Expresses his opposition.
116	Chair Minnis	Addresses his agreement with the Vice Chair.
118		VOTE: 4-2 AYE: 4 - Burdick, Ferrioli, Starr C., Minnis NAY: 2 - Ringo, Walker
126	Chair Minnis	The motion CARRIES. SEN. MINNIS will lead discussion on the floor.
133	Chair Minnis	Closes the work session on SB 880 and opens a public hearing on HB 2449.
HB 2449 PUBLIC HEARING
141	Sen. Charles Ringo	Senate District 17. Introduces HB 2449 that increases civil penalties for abuse of elderly or incapacitated person to three times actual economic and non-economic damages.
459	Chair Minnis	Closes the public hearing on HB 2449 and opens a work session.
HB 2449 WORK SESSION
177	Vice Chair Burdick	MOTION: Moves HB 2449 to the floor with a DO PASS recommendation.
		VOTE: 6-0
181	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
188	Chair Minnis	Closes the work session on HB 2449 and opens a public hearing on HB 2063A.
HB 2063A PUBLIC HEARING
192	Bill Joseph	Committee Counsel. Introduces HB 2063A that enacts 1997 Uniform Principal and Income Act.
220	Chair Minnis	Closes the public hearing on HB 2063A and opens a work session.
HB 2063A WORK SESSION
225	Vice Chair Burdick	MOTION: Moves HB 2063A to the floor with a DO PASS recommendation.
		VOTE: 6-0
228	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
248	Chair Minnis	Closes the work session on HB 2063A and opens a work session on HB 2101.
HB 2101 WORK SESSION
252	Vice Chair Burdick	MOTION: Moves to SUSPEND the rules for the purpose of Reconsideration of HB 2101.
		VOTE: 6-0
255	Chair Minnis	Hearing no objection, declares the motion CARRIED.
261	Vice Chair Burdick	MOTION: Moves to RECONSIDER the vote by which HB 2101 received a DO PASS recommendation.
		VOTE: 6-0
263	Chair Minnis	Hearing no objection, declares the motion CARRIED.
264	Bill Taylor	Committee Counsel. Explains how the -1 amendments remove the conflict with SB 118 (EXHIBIT C).
272	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2101-1 amendments dated 5/9/03.
		VOTE: 6-0
274	Chair Minnis	Hearing no objection, declares the motion CARRIED.
275	Vice Chair Burdick	MOTION: Moves HB 2101 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
278	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
286	Chair Minnis	Closes the work session on HB 2101 and opens a public hearing on HB 2594.
HB 2594 PUBLIC HEARING
290	Carl Myers	Oregon Justice of the Peace Association. Testifies in support of HB 2594. Says this is a housekeeping bill.
315	Chair Minnis	Explains that the bill is going to be held for now. Closes the public hearing on HB 2594 and opens a public hearing on HB 2284.
HB 2284 PUBLIC HEARING
332	Bill Joseph	Committee Counsel. Introduces HB 2284 that allows recommencement of civil action that is involuntarily dismissed without prejudice on any ground not adjudicated merits of action, or is involuntarily dismissed with prejudice because statute of limitations has expired, if action was filed within time allowed by statute and defendant had actual notice of filing of action not later than 60 days after action was filed.
352	Wendy Johnson	Oregon Law Commission. Submits testimony and testifies in support of HB 2284 (EXHIBIT D).
375	Maury Holland	Professor, University of Oregon Law School. Submits testimony and testifies in support of HB 2284 (EXHIBIT E).
TAPE 127, A
054	Sen. Walker	Asks about notice not getting to the appropriate person because of a move.
061	Holland	Discusses how notice is served and when it is deemed appropriate service.
098	Sen. Walker	Expresses concern about the concepts on rules and timelines that need to be met
103	Holland	Responds that due respect must be given to deadlines without unnecessarily preventing the merits of a particular issue.
113	Chair Minnis	Asks for clarification of the limit beyond the statute of limitation.
124	Holland	Says it is two years beyond the event.
133	Vice Chair Burdick	Asks how it is determined that actual notice was given.
137	Holland	Says there may be an evidentiary hearing to determine actual notice.
140	Vice Chair Burdick	Asks when that hearing would take place.
142	Holland	Replies that it would take place in the court of the second action. Discusses when a dismissal might happen when someone complains of insufficient notice even when notice has been given.
179	Sen. Ringo	Discusses further reasons why a trial might be dismissed. Believes this legislation is a common sense way of handling the issue.
206	Sen. Ferrioli	Asks how many re-filings can be made.
226	Holland	Says it can happen only once.
241	Chair Minnis	Asks about constitutionally sufficient service.
244	Holland	Explains that the due process clause requires a plaintiff to give the best possible notice available.
287	Sen. Walker	Asks about appeals and the alias service concept.
294	Holland	Explains the definition of “alias” as used in testimony submitted.
349	Chair Minnis	Closes the public hearing on HB 2284 and opens a pubic hearing on HB 2279.
HB 2279A PUBLIC HEARING
361	James Damis	Oregon State Bar. Submits testimony and testifies in support of HB 2279A that enacts revised Uniform Arbitration Act (EXHIBIT F).
428	Chair Minnis	Asks about the hiring of arbitration firms.
460	Damis	Says this legislation does not change the hiring of firms, but that it provides safeguards regarding conflict of interest issues.
TAPE 126, B
024	Chair Minnis	Asks if it would be a conflict for an auto dealer to use a specific arbitration firm.
026	Damis	Explains that it is not the firm, but the arbitrator who is subject to a conflict of interest.
040	Chair Minnis	Contends that certain sections of the bill seem to be in conflict.
052	Damis	Explains those sections of the bill.
070	Chair Minnis	Asks for clarification of the bill that relates to employment.
091	Damis	Explains the process by which terms and conditions of employment are discussed.
127	Sen. Ringo	Asks about provisions that are not consistent with the revised model act.
140	Damis	Discusses case law that says the Uniform Arbitration Act does not apply to terms and conditions of labor agreements.
162	Sen. Ringo	Asks from where this revision was created.
169	Damis	Says it is from the Oregon State Bar.
189	Sen. Ringo	Asks if attorneys representing consumers objected to any part of these revisions.
191	Damis	Responds, no.
219	Sen. Ringo	Wonders about selection of an arbitrator.
225	Damis	Discusses the method used in the selection of an arbitrator. Says there are two opportunities to veto a suggested arbitrator.
281	Vice Chair Burdick	Closes the public hearing on HB 2279A and adjourns the meeting at 9:30 a.m.

EXHIBIT SUMMARY

A – SB 880, -2 amendments submitted by staff, 1 p

B – SB 880, -3 amendments submitted by staff, 1 p

C – HB 2101, -1 amendments submitted by staff, 1 p

D – HB 2284, written testimony of Maury Holland submitted by Wendy Johnson, 5 pp

E – HB 2284, written testimony submitted by Maury Holland, 4 pp

F – HB 2279A, written testimony submitted by James Damis, 1 p